Category: Base Erosion & Profit Shifting

LONDON — Four of the biggest U.S. technology groups collectively hold an estimated $124 billion in U.S. Treasury debt, much of it offshore, earning them tax-free interest, the UK’s Bureau of Investigative Journalism (BIJ) said on Thursday. The finding means Apple Inc, Microsoft Corp, Google Inc and Cisco Systems Inc...

The young Ukrainian ex-billionaire Serhiy Kurchenko, now widely suspected of being a front man for overthrown President Viktor Yanukovych’s family, clearly liked offshore destinations. His companies registered in offshore zones are now accused of trading in oil products using a tax evasion scheme that cost Ukraine’s government an estimated $1...

Apple Inc., IBM Corp. and Microsoft Corp. have been picked out as some of the main culprits of stockpiling profits abroad in order to avoid huge tax bills, according to Bloomberg. Last year, the largest U.S. firms collectively added an extra $206 billion to their offshore profit stockpiles based in low-tax countries. Together the...

There has been considerable publicity in recent months on the alleged tax avoidance perpetrated by multinationals that has resulted in the Organisation of Economic Cooperation and Development (OECD) publishing its action plan on base erosion and profit shifting (BEPS). The action plan, consisting of 15 proposals to counter the perceived...

Country’s corporate tax rate sits at about 25 per cent As Canadians dutifully file personal income tax returns during the coming weeks, consider this: many profitable companies pay little or no tax. In an interview this week on The Sunday Edition, Dennis Howlett, executive director of Canadians for Tax Fairness,...

NEW DELHI: The finance ministry will soon write to British telecom major Vodafone to press the company to seek an early decision from the Income-tax Appellate Tribunal (ITAT) in the Rs 8,500-crore transfer pricing case. The Union Cabinet had, on February 28, directed the finance ministry to wait for the...

Apple, famous for its innovative products, is equally creative in its tax structure. From 2009 to 2012, it successfully sheltered US$44 billion from being taxed anywhere in the world, including sales generated in Australia. While there are probably some sound reasons for Apple’s CEO, Tim Cook, to claim in a US congressional...

Peers have attacked the taxman for being “unaware” of the scale of company profit shifting and raised concerns about the amount of tax that has been lost as a result. HM Revenue and Customs allowed the tax minimising practice to become “embedded as acceptable tax planning”, according to the House...

The Brazilian government has been trying to catch up on a number of areas of the digital economy, one of them being online cross-border taxation – but not without controversy. During the Mobile World Congress (MWC) last month, the Brazilian communications minister Paulo Bernardo said Brazil is a “tax haven”...

The OECD proposes to reform transfer pricing documentation for multinational enterprises and to impose onerous country-by-country (CbC) reporting obligations, including disclosure of taxes paid in each country in which a business operates, in a bid to enhance revenue authorities’ abilities to identify high risk transfer pricing situations and to make...

Some states are going after multinational corporations which avoid state taxes by stashing some of their earnings in offshore tax havens, an effort aimed at recouping some of the more than $20 billion states lose to such gimmicks each year. Shifting income to subsidiaries in places like the Cayman Islands...

BEIJING – Wholly Foreign Owned Enterprises (WFOEs) are able to repatriate funds out of China in a variety of forms, for which tax implications vary according to the form of repatriation used and the Double Taxation Agreement (DTA) in place between China and the recipient country. The four most commonly...

As far back as the early stages of the global financial crisis in 2007, Nick Mathiason citing the African Union (AU) reported: “More than $150 billion a year is looted from Africa through tax avoidance by giant corporations and capital flight using ‘a pinstripe infrastructure’ of Western banks, lawyers and accountants.”...

Eighteen American multinationals – companies such as Nike, Microsoft and Apple – have used tax havens abroad to avoid what Citizens for Tax Justice estimates as $92 billion in federal taxes. This is money that could be used to provide universal pre-school for America’s children. CTJ also found 235 companies...

The aggressive approach of Indian tax authorities on transfer pricing and international tax matters underlines the government’s intention of taking strong action to defend its tax base. When it comes to taxation of cross-border transactions, India’s inclination to widen the source-based tax rules is clearly demonstrated by the retrospective amendments,...

In an attempt to stop multinationals shifting profits overseas Australia’s Tax Office is launching a task force to investigate 86 large corporations’ tax activities. The tax office is looking into companies that use complex structures to move profits through tax havens as well as those that are using thin capitalisation,...

PARIS – The OECD is initiating an international discussion into measures to prevent the occurrence of profits shifting and tax evasion through the abuse and misuse of international tax treaties. Late last week the Organization for Economic Cooperation and Development released a public discussion draft “Preventing the Granting Of Treaty Benefits In...

The quest of African countries to carry out economic stability and transformation is threatened by illicit financial outflows through tax evasion and avoidance, a UN expert observed here on Thursday. He said the draining of tax revenues and scarce foreign exchange resources stifled growth and socio-economic development and weakened governance....

The Australian press is incandescent with rage after it discovered that the fruit themed cargo cult Apple has worked out a way of avoiding giving billions to its taxman. Apple is already in hot water for overcharging Australians for its shiny toys and now it seems that it is refusing to pay tax....

Albania Government approved a new law aiming to ban money transfers between related companies in order to collect more corporate profit tax, and to fight tax avoidance from big corporations. The law, designed by International Financial Corporation, was approved by the government this week. Transfer pricing is used by companies...

(Reuters) – Amazon’s tax affairs could come under more scrutiny in Britain, tax experts said, after a judge questioned whether it really was organized in the tax efficient way it said it was. The ruling comes as big technology groups, including Amazon, face increasing scrutiny in Britain over their tax...

France’s 2014 Finance Act (No 2013-1278) requires that the additional amount of tax assessed by the tax authority upon the launch of a Mutual Agreement Procedure (MAP) must be paid in advance of an outcome. This measure was introduced by repealing Article L. 189 of the Tax Procedures Code (LPF), with effect...

U.S. President Barack Obama’s call on Tuesday for an end to billions of dollars in tax breaks echoes a 979-page draft reform plan last week from Dave Camp, the top Republican tax writer in the House of Representatives. Given the gridlock in Washington, neither the Democrat Obama, who included the...

The National Board of Revenue (NBR) has formed the much-awaited cell recently in a bid to conduct preparatory work for enforcing the transfer pricing (TP) law. The board has issued an order, ‘Transfer Pricing Cell Order-2014’ by defining nine-point work-plan for the cell. The cell will work under the supervision...

El Salvador’s tax authority (DGII) has published a new Form 982 for transfer pricing returns. The form can be downloaded from the tax authority’s website. The new Form 982 now includes section C, which requires information on supporting documentation about transactions with low-tax jurisdictions. Section B already required details regarding...

Iceland has recently enacted its own transfer pricing legislation, which became effective from January 1, 2014. Prior to that date, there were no specific transfer pricing provisions in Icelandic law. Iceland’s new transfer pricing legislation, included in Article 57 of the Income Tax Law (No 90/2003), is based on the...

The overlap of Australia’s new transfer pricing laws with the thin capitalization rules is causing challenges and likely duplication of analysis for taxpayers – particularly for the arm’s length amount-of-debt test. Australia legislated comprehensive new transfer pricing laws in 2012[i] and 2013.[ii] These laws were passed in two installments: Subdivision 815-A, dealing with...

G20 finance ministers speak loudly, mention big stick The world’s top 20 finance ministers have signalled once again that they’re sick of their taxes disappearing offshore and have signalled a strong intention to get their cash back. The ministers in question are all members of the Group of Twenty (G20)...

The G20 finance ministers have once again agreed to cooperate to counter aggressive cross-border tax avoidance by multinationals. Many US firms are using tax avoidance schemes for their non-US earnings while they shamelessly claim they are paying appropriate taxes in the source countries in which they operate. The OECD responded to earlier...

The days of multinational companies being able to use the Double Irish Dutch Sandwich to avoid taxation may soon be coming to an end, with the G20 group of nations looking to create a reporting standard to allow for automatic exchange of tax information. In the official communique coming at the end...

Former treasurer Wayne Swan has warned that Australia risks losing global influence unless this year’s G20 summit achieves concrete results on issues such as multinational tax avoidance. Ahead of this weekend’s meeting of G20 finance ministers and central bankers in Sydney, Mr Swan also urged the Abbott government not to...

An $880 million payout to Rupert Murdoch’s News Corporation has reignited the debate over whether global companies pay their fair share of tax in Australia. News was paid the money after winning a long-running legal battle with the Tax Office relating to a 1989 restructure of the media empire involving...

Some three hundred years ago Sir Walter Scott asked, “Breathes there a man with soul so dead who never to himself hath said, This is my own, my native land.” Well, in America corporations are legally deemed “persons,” so the answer to Scott’s question is “Yes,” at least when it...

Multinational tax avoidance in the digital economy has become a hot political topic with public reports of companies such as Google, Apple and Starbucks not paying a “fair share” of tax. The G20 group of rich economies has commissioned the Organisation for Economic Co-operation and Development to tackle corporate profit...

ANSA reported that a preliminary hearings judge in Milan indicted the owner of the troubled ILVA steelworks in Taranto for an alleged massive tax fraud. Emilio Riva was indicted together with two former company managers and a former Deutche Bank manager for tax evasion to the tune of EUR 52...

The U.S. tax code is perhaps the most notorious welfare program available to large corporations. Each year, all-star teams of lawyers and accountants use loopholes and gimmicks to legally reduce tax liabilities for Corporate America. Discussions about tax havens typically focus on how they impact federal revenue, but states are...

“If you can’t tax the big guys then you are left with the little guys and the middle class, and they can’t provide enough” for the modern democratic state, according to OECD head Jose Angel Gurria. The Paris-based body is working on tackling base erosion and profit shifting, which exploit...

HM Revenue and Customs (HMRC) collected more tax from smaller businesses than large multinationals last year as a result of its investigations into firms’ transfer pricing arrangements, according to figures obtained by Pinsent Masons, the law firm behind Out-Law.com. Corporate tax expert Heather Self of Pinsent Masons said that HMRC...

Yahoo! Inc is shifting its main European tax base to Ireland from Switzerland, a Reuters examination of company statements and accounts shows, as pressure mounts on the Alpine nation to abolish some corporate tax incentives. The internet search group said the shift reflected a streamlining of its European operations and...